BNYM Failure to Receive Data. BNYM shall not be liable for data or information which the Company, a Permitted User or an agent of either transmits or attempts to transmit to BNYM in connection with its use of a Component System and which is not received by BNYM or for any failure of a Component System to perform a function in connection with any such data or information. BNYM shall not be obligated to ascertain the accuracy, actual receipt by it or successful transmission to it of any data or information in connection with the Company’s or a Permitted User’s use of a Component System or to confirm the performance of any function by a Component System based on the transmission of instructions, data or information to BNYM in connection with such use by the Company or a Permitted User. Sole responsibility for the foregoing shall rest with the party initiating the transmission.
Appears in 43 contracts
Sources: Transfer Agency and Shareholder Services Agreement (AMG Pantheon Infrastructure Fund, LLC), Transfer Agency and Shareholder Services Agreement (AMG Pantheon Credit Solutions Fund), Transfer Agency and Shareholder Services Agreement (KKR Asset-Based Income Fund)
BNYM Failure to Receive Data. BNYM shall not be liable for data or information which the Company, a Permitted User or an agent of either transmits or attempts to transmit to BNYM in connection with its use of a Component System and which is not received by BNYM or for any failure of a Component System to perform a function in connection with any such data or information. BNYM shall not be obligated to ascertain the accuracy, actual receipt by it or successful transmission to it of any data or information in connection with the Company’s 's or a Permitted User’s 's use of a Component System or to confirm the performance of any function by a Component System based on the transmission of instructions, data or information to BNYM in connection with such use by the Company or a Permitted User. Sole responsibility for the foregoing shall rest with the party initiating the transmission.
Appears in 23 contracts
Sources: Transfer Agency and Shareholder Services Agreement (Ark Venture Fund), Transfer Agency and Shareholder Services Agreement (Laudus Trust), Transfer Agency and Shareholder Services Agreement (Touchstone Strategic Trust)
BNYM Failure to Receive Data. BNYM shall not be liable for data or information which the Company, a Permitted an Authorized User or an agent of either transmits or attempts to transmit to BNYM in connection with its use of a Component System and which is not received by BNYM or for any failure of a Component System to perform a function in connection with any such data or information. BNYM shall not be obligated to ascertain the accuracy, actual receipt by it or successful transmission to it of any data or information in connection with the Company’s 's or a Permitted an Authorized User’s 's use of a Component System or to confirm the performance of any function by a Component System based on the transmission of instructions, data or information to BNYM in connection with such use by the Company or a Permitted an Authorized User. Sole responsibility for the foregoing shall rest with the party initiating the transmission.
Appears in 18 contracts
Sources: Transfer Agency and Shareholder Services Agreement (Fundrise Growth Tech Fund, LLC), Transfer Agency and Shareholder Services Agreement (Fundrise Real Estate Interval Fund, LLC), Transfer Agency and Shareholder Services Agreement (Fundrise Income Real Estate Fund, LLC)
BNYM Failure to Receive Data. BNYM shall not be liable for data or information which the Company, a Permitted User or an agent of either transmits or attempts to transmit to BNYM in connection with its use of a Component System and which is not received by BNYM or for any failure of a Component System to perform a function in connection with any such data or information. BNYM shall not be obligated to ascertain the accuracy, actual receipt by it or successful transmission to it of any data or information in connection with the Company’s or a Permitted User’s use of a Component System or to confirm the performance of any function by a Component System based on the transmission of instructions, data or information to BNYM in connection with such use by the Company or a Permitted User. Sole responsibility for the foregoing shall rest with the party initiating the transmission.. Confidential And Proprietary Execution Version
Appears in 4 contracts
Sources: Transfer Agency and Shareholder Services Agreement (Sit Mutual Funds Inc), Transfer Agency and Shareholder Services Agreement (Sit Mutual Funds Ii Inc), Transfer Agency and Shareholder Services Agreement (Sit Mutual Funds Inc)
BNYM Failure to Receive Data. BNYM shall not be liable for data or information which the Company, a Permitted User or an agent of either transmits or attempts to transmit to BNYM in connection with its use of a Component System and which is not received by BNYM or for any failure of a Component System to perform a function in connection with dependent upon any such data or information. BNYM shall not be obligated to ascertain the accuracy, actual receipt by it or successful transmission to it of any data or information in connection with the Company’s or a Permitted User’s use of a Component System or to confirm the performance of any function by a Component System based on the transmission of instructions, data or information to BNYM in connection with such use by the Company or a Permitted User. Sole responsibility for the foregoing shall rest with the party initiating the transmission.
Appears in 1 contract
Sources: Transfer Agency & Shareholder Services Agreement (Pacific Funds Series Trust)
BNYM Failure to Receive Data. BNYM shall not be liable for data or information which the Company, a Permitted an Authorized User or an agent of either transmits or attempts to transmit to BNYM in connection with its use of a Component System and which is not received by BNYM or for any failure of a Component System to perform a function in connection with any such data or information. BNYM shall not be obligated to ascertain the accuracy, actual receipt by it or successful transmission to it of any data or information in connection with the Company’s or a Permitted an Authorized User’s use of a Component System or to confirm the performance of any function by a Component System based on the transmission of instructions, data or information to BNYM in connection with such use by the Company or a Permitted an Authorized User. Sole responsibility for the foregoing shall rest with the party initiating the transmission.
Appears in 1 contract
Sources: Transfer Agency and Unitholder Services Agreement (Afl Cio Housing Investment Trust)
BNYM Failure to Receive Data. BNYM shall not be liable for data or information which the CompanyFund, a Permitted User or an agent of either transmits or attempts to transmit to BNYM in connection with its use of a Component System and which is not received by BNYM or for any failure of a Component System to perform a function in connection with any such data or information. BNYM shall not be obligated to ascertain the accuracy, actual receipt by it or successful transmission to it of any data or information in connection with the CompanyFund’s or a Permitted User’s use of a Component System or to confirm the performance of any function by a Component System based on the transmission of instructions, data or information to BNYM in connection with such use by the Company Fund or a Permitted User. Sole responsibility for the foregoing shall rest with the party initiating the transmission.
Appears in 1 contract
Sources: Transfer Agency Services Agreement (Old Westbury Funds Inc)
BNYM Failure to Receive Data. BNYM shall not be liable for data or information which the Company, a Permitted User or an agent of either transmits or attempts to transmit to BNYM in connection with its use of a Component System and which is not received by BNYM or for any failure of a Component System to perform a function in connection with any such data or information. BNYM shall not be obligated to ascertain the accuracy, actual receipt by it or successful transmission to it of any data or information in connection with the Company’s or a Permitted User’s use of a Component System or to confirm the performance of any function by a Component System based on the transmission of instructions, data or information to BNYM in connection with such use by the Company or a Permitted User. Sole responsibility for the foregoing shall rest with the party initiating the transmission.. C-83 Confidential And Proprietary Execution Version
Appears in 1 contract